APPEAL COURT

Southland Times, Issue 18078, 3 May 1919, Page 5

APPEAL COURT

(Per United Press Association.) WELLINGTON, May 2. Leave had been given to set down the case Alice Reeves v. Official Assignee in the bankruptcy of George Reeves and the case was argued before the Appeal Court to-day. The appeal was from the judgment of Mr Justice Sim in which he supported the rejection of the proof of a debt by the appellant against the estate of her husband, who had been in business at Dannevirke and Gtr.c. It was contended that the appellant was entitled to be paid in full out of her husband’s separate estate, before the joint creditors of the partnership firm, in which her husband was partner, could receive any dividend out of that estate. Mr Justice Sim held that the proof of the debt was excluded by the effect of the provisions of section 8 of the Married Women’s Property Act, 1908, holding that the words “other creditors” in that section included the joint creditors of the firm. Mr McGregor (Dunedin) appeared for the appellant and Mr Gifford Moore for the respondent. Mr Moore contended that quite apart from the legal questions at issue, the evidence showed that the moneys claimed by the wife were never her moneys. Judgment was reserved.